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Home My WebLink About#2116- Deed; GRANT OF TEMPORARY EASEMENT A Selsor's Cleveland Rd.r +� ,jr &qlj,)/Lp, &*m" `t1 Q l �A 9827279 RANT OF TE MPORARY N TR TI EA EME T WATER BOOSTER STATION THIS INDENTURE is made this( day of , 1998, by and t between Friends School and Daycare (hereinafter "Grantor"), and e Civil City of South Bend, Indiana (hereinafter "Grantee"). For the sum of Five Hundred Dollars ($500.00) and other good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants and conveys to Grantee a temporary construction easement at the location hereinafter set forth and described to allow for the construction of an underground water booster station on Grantor's property, together with the right of ingress to and egress from said easement for the purpose of installing and constructing such underground water booster station, in, upon, over, and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows: APARCEL OF LAND IN THE W. 16, N.E. 1/4, SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING 299.08 FEET EAST OF THE NORTH QUARTER POST, SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST AND 45 FEET SOUTH OF THE NORTH LINE OF SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST, BEING THE SAME AS THE NORTH/'WEST PROPERTY CORNER OF LOT "A', FIRST REPLAT OF SF_.I SOR'S CLEVELAND ROAD MINOR SUBDIVISION AND BEING THE POINT OF BEGINNING; THENCE EAST 220.03 FEET ALONG THE NORTH PROPERTY LINE OF LOT "A'; THENCE SOUTHEAST 36.54 FEET; THENCE SOUTH APPROXIMATELY 10 FEET ALONG THE EAST PROPERTY LINE; THENCE WEST APPROXIMATELY 237 FEET ALONG A LINE PARALLEL TO AND 45 SOUTH OF THE NORTH PROPERTY LINE OF LOT "A" TO THE WEST PROPERTY LINE OF LOT "A"; THENCE NORTH 45 FEET ALONG THE WEST PROPERTY LINE TO THE NORTHWEST CORNER AND THE POINT OF BEGINNING. (`Property") The easement rights granted herein shall pertain to the air, surface, and subsurface rights and interest of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire or need said air, surface and subsurface rights and interests to reasonably accomplish and carry out the construction of the underground water booster station. The easement hereby granted is for the benefit of the City of South Bend, Indiana, and expressly includes the right and privilege to clean and remove from said easement such trees, brush, debris, or other obstructions interfering with Grantee's construction of the underground water booster station. Grantee shall have the right of ingress or egress over Grantor's real estate adjoining said easement to facilitate the installation and construction of the underground water booster station. Grantee agrees to restore the area disturbed by its work to a condition as good or better than the original condition consistent with the installation of the underground water booster station. Grantee agrees to: plant 6-8 foot pine trees to replace the pine trees occupying the property prior to construction; hydroseed and grade the property disturbed by construction; and repair and replace any portion of the sprinkler irrigation system disturbed by the construction. Grantee will utilize sprinkler maintenance provider of Grantor's request. Grantor reserves the right to use and occupy the surface area on and over the temporary easement during the period of construction provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface for the purposes and intentions hereinabove expressed. The rights granted by this indenture shall terminate upon Grantee's completion of the construction of the underground booster station, but in no case later than June 12, 1998. IN WITNESS WHERE OF, said Grantor has executed this Grant of Temporary Constniction Easement on the date shown in the acknowledgment set forth herein. GRANTOR: FRIENDS SCHOOL AND DAYCARE Ti U, Thomas A. Selsor Title: �w` `X't'� C, `c CV — L� `s OM STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Deann Kirkpatrick and Thomas A. Selsor, personally known by me to be the Grantor in the above Grant of Temporary Construction Easement, and acknowledged the execution of the same as their voluntary act and deed. WITNESS my hand and Notarial Seal this 6& adday of , 1998. My Commission Expires: _10 AOM Board of i'ubjie Works rl' ' This instrument was prepared by Michelle L. Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 07 98MAY29 AIN 9: 12 f N DE, ", X E D - SI, JOSI-PH CO. RECOHL)ER OF ti COUNTY -CI Y B ILDING SOUTH BEND, IND,AN, 46601-1830 CITY OF SOUTH BEND STEPHEN J. L.UECKE, MAYOR DEPARTMENT OF PUBLIC WORKS LEw7S N. POWELL DIRECTOR July 14, 1998 Friends School and Daycare 53061 Nadine South Bend, Indiana 46537 RE: GRANT OF TEMPORARY EASEMENT Dear Friends School and Daycare: PHONE219/235-9251 FAX 219/235-9171 TDD 219/235-5567 The Board of Public Works has recorded your Grant of Temporary Easement with the Recorder's Office. Enclosed is a copy for your records. If you have any questions, please call me. Sincerely, Angela K. cob, Clerk Enclosure ENGINEERING ENVIRONMENTAL SERVICES EQ[JIPmEh"L SERVICES CARL 1LITTRELL, P.E. JoHN J. DILLON, PH.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 219/235-9316 FAX 219/235-9171 FAx 219/277-8980 FAx 219/235-9007 TPUNSPORTATI ON SAA1 HENSLEY 219/235-9444 FAx 219/235-9272 WATER WORKS JoHN F. STANCATI 219/235-9322 FAx 219/235-9728